DEL RIO, Texas (Legal Newsline) - The principal of Robb Elementary School in Uvalde, Texas, says she can't be held liable for the emotional injuries of survivors of a mass shooting that killed 19 students and two teachers in May.
Mandy Gutierrez's lawyers filed a motion to dismiss litigation brought against her, several individuals, the Uvalde Consolidated Independent School District and the company that sold Salvador Ramos weapons and ammunition - Oasis Outback.
The litigation also says Daniel Defense is aware its assault weapons end up in the hands of mass shooters but ignores the number of killings they cause.
The lawsuit also claims the school district and Gutierrez failed to utilize active-shooter alert systems. Gutierrez was put on paid leave after the shooting and reinstated a week later.
Gutierrez says she was let down by technology as she tried to initiate the safety procedures in place at the school.
"Gutierrez first learned of the shooter when she heard Coach (Yvette) Silva's report on her school radio," the motion to dismiss says. "Accordingly, she began initiating lockdown procedures, which first consisted of her making a school-wide alert via a system called 'the Raptor application.'
"However, because of a bad WiFi signal, the alert did not initiate."
After it failed, Gutierrez says she called the police and had the head custodian ensure all doors were locked.
"Gutierrez never broadcast the lockdown on the school intercom system. During this time, the armed individual proceeded to enter the school through an unlocked exterior door and entered Room 111, also unlocked. The shooter claimed many lives and wounded many others."
She makes five arguments for dismissal:
-The plaintiffs, three children who survived the attack and their parents, lack Article III to bring federal claims;
-She is entitled to qualified immunity on the federal claims;
-She is entitled to professional immunity on the state law claims;
-The plaintiffs failed to exhaust administrative remedies before filing suit; and
-The intentional infliction of emotional distress claim is a "gap-filler" tort.
"Here, Plaintiffs' claims are predicated on an injury caused by a criminal who was a trespasser on District property - i.e., a private actor," the motion says. "Thus, absent an applicable exception to the general rule, Plaintiffs fail to state a violation of their constitutional rights and Gutierrez is entitled to qualified immunity."
Gutierrez's actions were exercises of judgment within the scope of her employment, she says.
"Additionally, responding to an emergency situation, which is what Gutierrez was doing, is routinely considered by courts to be a discretionary function as a matter of law," the motion says.